@mg welcome aboard. Cracking start to kick off with replying to and critiquing your own posts.
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RE: Aaron Smith naughty boy?
Aaron Smith got screwed – and Stuff could end up getting sued
By Natalya King
October 8, 2016
Aaron Smith’s indiscretions have been the biggest media story of the week. But lawyer Natalya King believes both the couple who made the recording and the outlets which broke the story may have committed an invasion of privacy.
Amidst the red-eyed rage that greeted the news that All Blacks have sex – and sometimes have sex with women who are not their partners (what a shock) – there was one somewhat unexpected voice of calm. The New Zealand Herald reports that, discussing the matter on the Paul Henry Show, Judith Collins admitted “the situation wasn’t her business.”
Quite. In fact, the law might go so far as to say not only was it not Judith’s business, or yours or mine for that matter, but that recording Aaron Smith’s escapade and sending it into a news outlet was actually an invasion of his privacy.
In the legal sense, an invasion of privacy is the “highly offensive” disclosure of private facts. That is, if Aaron had a reasonable expectation of privacy in the facts of the event, and if the average person considered that the publicity given to those facts was highly offensive then Stuff (or the couple who enthusiastically recorded the incident) may well find themselves on the wrong end of an invasion of privacy claim.
Absent some voluntary disclosure by way of, for example, an intentionally leaked sex tape, it’s usually pretty clear that sex between two consenting adults is a private matter. And yes, I know, part of the appeal in having sex in a toilet cubicle is the risk of getting caught, but when ahem push comes to shove, it’s a little difficult to see how one’s sexual activity in a confined and indoor space with four walls is anything other than a private fact.
Some, including Stuff, the aforementioned receiver of the amorous audio-recording, have asserted that the toilet cubicle was a public place, but that’s not quite true. Aside from the obvious problem that the entire purpose of a closed door is to create a private space, Christchurch Airport is a private business that prohibits filming within the airport without its express permission, and without payment of a “location charge”.
See also: Eight key learnings from the Aaron Smith toilet sex scandal
Even if it were correct to say that the airport is a public space (and good luck getting a judge on board with that one), that doesn’t mean that Smith’s sexual activity automatically loses its private status. The law still protects a degree of privacy in public – for context, the UK Courts found that photos of Naomi Campbell on the street outside a drug treatment centre were disclosure of a private fact,¹ and the New Zealand courts have protected as private a conversation between an allegedly intoxicated driver and her husband following a car crash on a public highway in New Zealand.²
Just like Naomi Campbell (albeit probably not quite like Naomi Campbell) one issue for Aaron Smith has been his celebrity status. All Blacks, so the theory goes, give up their right to privacy as soon as they get Steve’s call. But that’s not quite right either. In the eyes of the law, a person’s right to privacy can be eroded if there’s some legitimate public concern in the matter. Legitimate public concern, according to the courts, covers issues like public health and safety, or the conduct of the government. That might automatically mean that some well-known figures, like politicians, have a lesser right to privacy, but on the sliding scale of celebrity status vs public concern, an All Black and his sexual proclivities are fairly low level. Put another way, two people using a disabled toilet as a space in which to carry out their infidelity might be distasteful, but it’s not a matter of national importance.
Put in that context, the only remaining question is whether the publicity of Aaron’s tryst in the toilet – and its accompanying audiotape – was highly offensive. For my part, when John Key’s commenting on your sex life it’s gone well beyond that.
RE: Alternative needed from the absolute crap of stuff.co.nz
Someone is trying hard to resuscitate this fluffybunny's image but it's too little too late after she sunk herself with her actions. And she definitely is not hawt!
She is when you cut her hair and put 13 on her back.
RE: Has Hansen gone stale?
What I dont like is where a win might be sacrificed solely with an eye on a RWC, if this ends up being the case then we will end up with friendlies and less interest in between RWCs.
Poor old Bonesetta trying to comfort me near the end of the match. "Oh well at least these games don't matter". The confusion and regret on her face from the glare she got back was priceless. Bless her, she's into rugby in a big way but only been that way since she met me...actually really picked up on the nuances really well.
May she rest in peace. Anyone want to buy a shovel? Only used once.
RE: Hardik Pandya controversy
Jsut saw that everyone’s anal about his comments and I think it’s pretty bullshit how pc this world is. “Free speech” my ass. But since it’s againsy women no one will dear speak up or they’ll be regarded as sexist
For example, I have no idea what you are talking about.
RE: How are the AB's tracking heading into the BIL series?
@Bovidae Yes and look how much taller Savea is than Proctor. Also clearly shown, his stats are deflated.
RE: All Blacks v Argentina - Nelson
Actually, on NMS. Fuck that makes me angry watching that first try and seeing him come in off his wing to tackle a guy who was already clearly well and truly covered. What kind of a fucking decision was that? There was no overlap and not even the hint of an overlap. He's got to go.
Latest posts made by Bones
RE: Lockdown Check In
just popped down to New World by Courtenay Place for the first time since lockdown - the notices on many of the shops made for striking reading - didn't think it would affect me as much as it did. definitely needed the bourbon I was given upon my return though. Countdown in Newtown is still full of ferals though.
Is that Schaeffer St? That's a busy one
nah the John St one
I don't live in Welly now. I don't recall that one. But anywhere but the Schaeffer St one has got to be better
ah right Chaffers st - yeah that's the New World I went to - queue was about 15 people at 6pm but by the time I left it was at 0 - whereas countdown as above was packed as fuck and full of covidiots
I hear it's improved since about mid-feb?
RE: All time Super Rugby XV (all teams)
@Toddy he did have a couple, played a hand on one of our rare wins over Auckland, but I recall when he played his first game for us, may have been v SOuthland, he 'broke' the Fantasy Rugby system, they had to delay the results for a few days while they fixed things as his numbers were unprecedented.
I remember around the same time, he'd just come out on the 7's circuit and was filthy as fark. Fuzzy memory of him getting a red card and/or suspension for kicking someone over the sideline?
RE: Awesome stuff you see on the internet
@MiketheSnow You get the feeling Luke's got a ticket coming
Yup taking a photo whilst driving
Was he driving?
Probably not, angle and frame top right seems that he's in the passenger seat. If he was in the driver's seat then he could be done, moving or not. I had a friend in the UK ticketed for having a drink whilst stopped at lights - it is illegal.
However it was a joke, rather than a serious suggestion
First I've heard of that and certainly never been done for it myself nor heard of anyone else.
The joke thing I mean.